Prima facie: A theatre review

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Prima facie disrupts our comfortability with the law. We often take it as it is, but here, its role in society is placed under scrutiny. Before the show starts, the audience is told the following:

  • This production is two hours long.
  • There are no intervals in between acts.
  • So, nobody is allowed to leave once the play begins.

This sets us up to face the themes, be a witness and, in the moment, allow ourselves to follow the character of Tessa and have faith in the actress to carry us. Here, I must pause and give high praise to the actress, Danica de la Rey Jones. Jones, I am convinced, had to scratch beneath her skin for this performance, living a full life in two hours. In these moments, she was a student, lover, daughter and much more – all showing a woman who is holistically vast, and not merely a collection of facts or a body. Through Tessa's character, Jones stretches the imagination of those who still limit a woman’s role to patriarchal standards. As a daughter, she plays on the idea of what it means to exist in a family where simply living your life is seen as an opposition to those who do not understand your choices. As a lawyer, she stands in opposition to her passion and faith in the law. The script of a woman’s life is often directed and depicted through societal norms, but these norms are not prepared for when a woman is disrupted by a predator who only sees prey.

Prima facie aims to rip the law apart, and it completely succeeds in its goal. The law can be seen as how we will be judged, but the playwright, Suzie Miller, turns this notion on its head and judges the law. The veil is lifted when it comes to a sexual assault victim’s experience with a system that is set up on the basis of, “I am just doing my job,” while that job holds a secondary assault and an act of embarrassment that is blasted to the victims. Often, in these plays with themes of law, the audience is asked to be “judge and jury”. Here, the evidence is provided, and the audience is placed in the gallery, without pleading for mercy or grace. The audience is merely seated to see how the law plays out for some, and what a woman within the law system has to say about it when she asks the law to protect her.

From the moment you hear that first “bang”, you need to prepare yourself, because the storm is coming. The atmosphere shifts! The audience is unaware that Tessa holds all the cards. In the play, you will find what some would call clichés. We often question and sometimes dismiss clichés. However, here, the clichés are revitalised and show us how desensitised we have become to the brutality of law and society. Prima facie asks if our lives have become clichés for the ones in power, and how we can use these clichés to track how society has come to be as we know it.

Moreover, a highlight of this production is how it activates a discussion of the law versus the people. This production says so much of what we as the society and the citizens of South Africa have been screaming and protesting about. The law is not always meant for the ones it is supposed to protect. Can we humanise the law? Is the law for those who are fighting for humanity? In South Africa, justice is not promised with a trial. You are promised that you will be allowed to speak, but not that you will be heard. The South African context is important because, more often than not, we do not know our laws – unless you are in the law field through study or a career. This allows the law to be used as a weapon for abuse and rains terror on the masses who are not privy to South African laws.

Furthermore, South Africans are forced to sit with corruption at the highest level – within the government and all its branches. The people we trust to lead us are guilty of corruption and major crimes against South African citizens. However, they can escape the clutches of the law because they are the law! They control everything in this country, so no one can hold them accountable; they can buy their freedom. In this way, the law does more harm than good. As South Africans, we should call a referendum and put the South African Constitution on trial. Our Constitution is praised by countries around the entire world, but is it good for the citizens whose freedom feels distant and like an unfulfilled promise?

In the opening scene of the play, the words “A witness is just a witness” are heard, and this summarises the play. We are witnesses in this life. We often view others’ lives with judgement; we do not deeply observe or take note of each other. This production and performance by Danica de la Rey Jones asks us: How do you choose to put this society together? We cannot determine our material, but this production reminds us to choose how we shape our material and what we do with it. This reminds us that we are witnesses and that we should never be so comfortable that we do not question something deeply rooted in society – such as the laws that govern our lives and the beautiful country we call home: South Africa.

This play runs at The Market Theatre in Johannesburg until 11 October 2026. So, grab a ticket and meet us there!

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